JUDGMENT

Abu Bakar Jais JCA:

Introduction

[1] The appellant filed a motion at the High Court to essentially challenge one Gopal Sri Ram's appointment as the Senior Deputy Public Prosecutor and to disqualify him from that post. The High Court had dismissed the motion.

[2] Thereafter, the appellant appealed against that decision of the High Court. We dismissed the appeal and now will give our reasons for doing so.

Background Facts

[3] The appellant was the Prime Minister of Malaysia. After the fourteenth general election ("14th GE"), the appellant ceased to hold that office after his political party in an alliance with other political parties, Barisan Nasional, was defeated in the 14th GE. That is not only the event well known. Soon after ceasing being the Prime Minister, a few criminal prosecutions were initiated against the appellant by the Public Prosecutor cum Attorney General.

[4] The Attorney General ("AG") then that directed or ordered for these prosecutions was one Tommy Thomas ("TT"). He became the AG not long after the appellant was ousted from office, soon after 14th GE, under the new government headed by Tun Mahathir Mohamad ("Tun Mahathir"). TT became the AG for only about two